guilty of desertion then even after the decree for judicial separation has been obtained by the aggrieved spouse the desertion continues and such a desertion ... separation is desertion, then it would be unrealistic to suggest that even after the decree the matrimonial offence or wrong of desertion continues
deserting spouse there is no rule of law that desertion ter-
minates by reason of the conduct of the deserted spouse.
332
An offer ... deserted
spouse) to appeal to the deserting spouse to change her
mind, and the circumstance that the deserted husband makes
no effort to take steps
cause of action of desertion is not complete, but is
inchoate, until the suit is constituted. Desertion is a
continuing offence".
Thus the quality ... cohabitation, it will
not amount to desertion.' For the offence of desertion, so
far as the deserting spouse is concerned, two essential
conditions must
acquired by the party deserted until he files a suit because he has to show that the desertion continued right up to the date ... have pointed out that desertion does not become complete until a suit is instituted and desertion has continued upto the date of the institution
cease cohabitation, it will not amount to desertion. For the offence of desertion, so far as the deserting spouse is concerned, two essential conditions must ... spouse that in fact it causes her to continue to live apart and thus continue the desertion. But where, however, on the facts
cease cohabitation, it will not amount to desertion. For the offence of desertion, so far as the deserting spouse is concerned, two essential conditions must ... spouse that in fact it causes her to continue to live apart and thus continue the desertion. But where, however, on the facts
cease cohabitation, it will not amount to
desertion. For the offence of desertion, so far
as the deserting spouse is concerned, two
essential conditions must ... spouse that in fact it causes
her to continue to live apart and thus continue
the desertion. But where, however, on the
facts
wife as to cause her to continue
to live apart and continue the desertion. This together
with the other findings would conclude the matter, because ... wife so as to cause her to continue to live apart and
continue the desertion. If the conduct of the husband has
had no such
constituting desertion as a
ground for divorce, one of the parties has to desert
the other for a continuous period of not less than ... desertion in terms of
provisions of Section 13(1) (i-b) of the said Act.
The provision contemplates desertion for a continuous
period
that one of the spouses has been in desertion, the presumption is that the desertion has continued and that it is not necessary ... obligation on the deserted husband (taking the case where he is the deserted spouse) to appeal to the deserting spouse to change her mind
